Repeated Misconduct Justifies Compulsory Retirement Under BSF Rules: J&K HC

High Court of J&K: A single judge bench of Justice Rajnesh Oswal upheld the compulsory retirement of a BSF constable under Rule 26 of the BSF Rules, 1969. The court found the retirement to be justified based on the constable's repeated prior disciplinary infractions. The court also held that the BSF had followed all due process, including issuing a show-cause notice, and held that maintaining discipline in a paramilitary force was paramount. Judicial review, it clarified, does not...

Although MCI Regulations Allow 30% Of Faculty Positions To Be Reserved For Non-Medical Candidates In Colleges, It Is Not Mandatory: J&K High Court

Clarifying the rules for recruitment in medical institutes, the Jammu and Kashmir High Court ruled that the Medical Council of India (MCI) guidelines allow for up to 30% of the total appointments in certain departments to be from non-medical faculty, but there is no legal obligation to do so.Respondent No.1, who was a non-medical candidate, had challenged the appointment on the basis that the institute was under an obligation to appoint 30% from non-medical candidates. The court however said...

J&K And Ladakh High Court Adopts SC Mandated SOPs On Appearance Of Govt Officials In Court

The Jammu and Kashmir and Ladakh High Court has issued a notification adopting the Standard Operating Procedures (SOPs) prescribed by the Supreme Court of India regarding the personal appearance of government officials in court proceedings.The directive follows the Supreme Court's January 3, 2024 judgment in The State of Uttar Pradesh & Ors. Vs. Association of Retired Supreme Court and High Court Judges at Allahabad & Ors.“.. the Chief Justice High Court of Jammu & Kashmir and...

[J&K Land Acquisition Act] Publication In All Three Modes Prescribed U/S 4 Is Compulsory For Acquisition: HC Quashes Land Acquisition For Amusement Park

The Jammu and Kashmir and Ladakh High Court has reaffirmed that the publication of a notification under Section 4 of the J&K Land Acquisition Act must strictly adhere to all three prescribed modes ie public notice, Government Gazette, and two widely circulated newspapers, including one in the regional language.Justice Sanjay Dhar thus quashed the acquisition of 134 kanals in District Jammu, due to non-compliance with these statutory requirements.“.. it is clear that publication of...

Delay Of Over 3 Months In Considering Detenue's Representation Breaches Statutory Requirements, Renders Detention Invalid: J&K High Court

The Jammu and Kashmir High Court ruled that a delay of more than three months in considering a detenue's representation breaches statutory requirements under Section 13 of the J&K Public Safety Act which renders detention invalid.The court said that it was admitted by the detaining authorities that the representation filed by the detainee was rejected after 3 months time which infringed the valuable right which is available to a detenue in terms of provisions contained under PSA. Justice...

Trial Court's Reliance On Weak & Coerced Evidence While Convicting Father For Murdering Son Is Legally Unsustainable: J&K High Court

The Jammu and Kashmir High Court has overturned the conviction of four accused persons, who were sentenced in the 2012 Awantipora murder case, citing inadmissibility of confessions, procedural lapses, and weak circumstantial evidence.The court expressed its surprise after noting that the FIR, giving initial information about the incident, was filed without any tangible evidence and even...

Prima Facie Evidence Connecting Accused To Offending Vehicle In Accident Cases Necessary To Frame Charges U/S 304A IPC: J&K High Court

The Jammu and Kashmir High Court held that it is not open to the trial magistrate to frame charges against an accused without sifting the material collected on record for the limited purpose of framing opinion as to whether a prima facie case is made against the accused.The court was dealing with an accident case wherein a pedestrian had succumbed to the injuries caused by a vehicle...

Policy Decision Restricting Pension Benefits To Employees Retiring After Particular Cut-Off Period Not Illegal: J&K High Court

The Jammu and Kashmir High Court held that The employer is well within its rights to validly fix a cut-off date for introducing any new pension scheme or for discontinuing an existing scheme and same is not violative of Article 14.A bench of Justice Sanjeev Kumar & Justice Puneet Gupta said that government took a policy decision to introduce new pension scheme wherein the benefits was...

Commissioner Under Order 26 Rule 9 CPC Should Only Be Appointed When Evidence Presented By Parties Is Insufficient To Resolve Dispute: J&K High Court

The Jammu and Kashmir High Court held that a Commission under Order 26 Rule 9 CPC could be issued only when the trial court is unable to decide the controversy based on the evidence placed by the parties.The court noted that a Commissioner under Order 39 Rule 7 CPC is appointed for inspection purposes, while a Commissioner under Order 26 Rule 9 CPC is meant for investigation to elucidate...

Security Threats Faced By Litigants Justify Alternative Measures Like Virtual Hearings Instead Of Transferring Case: J&K High Court

Recognizing that the petitioners had legitimate security concerns due to their migration from Kashmir in the past the Jammu and Kashmir High Court allowed a virtual hearing for the party from the Jammu Wing in a case before its Srinagar Wing.The petitioner had sought the transfer of the appeal from the Srinagar Wing to the Jammu Wing, citing security concerns. However, the court stated that...

Jammu & Kashmir And Ladakh High Court Weekly Roundup March 17 - March 23, 2024

Nominal Index:S. Charanjeet Singh vs UT of J&K and Anr 2025 LiveLaw (JKL) 94NA Ronga Vs UT Of J&K 2025 LiveLaw (JKL) 95Farukh Jehanzeb Vs Muzaffar Ali Kapra And Anr 2025 Livelaw (JKL) 96Smt. Sudershan Sharma vs Union Territory of Jammu and Kashmir 2025 LiveLaw (JKL) 97Mohammad Shafi Naikoo Vs UT Of J&K 2025 LiveLaw (JKL) 98Sumesh Chadha vs UT of J&K and Anr 2025 LiveLaw...

Employer Setting Cut-Off Dates For Pension Schemes Not Violative Of Article 14: J&K High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that employers are well within their rights to fix a cut-off date for introducing new pension or retirement schemes, and such decisions do not violate the equality clause under Article 14 of the Constitution.The court thus upheld the government's decision to grant pension benefits only to employees of the Sher-i-Kashmir...